Terms of Service for all products & services offered by Beem
Last revised October 04, 2023
The following terms of service are terms of a legal agreement (the “Agreement”) between you (“you”, “your”, or “user”) and Line Financial, PBC., its subsidiaries, affiliates, agents and assigns (“Beem”, “we”, “us”, or “our”) which sets forth the terms and conditions for your use of Beem’s mobile application (“Mobile App”) and Beem’s website, trybeem.com , as well as the products and services offered, operated or made available by Beem through the Mobile App (collectively, the “Services”). The Mobile App, website and Services are owned and operated by Beem, and are being provided to you expressly subject to this Agreement. By accessing, browsing and/or using the Mobile App, trybeem.com or the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. The terms and conditions of this Agreement form an essential basis of the bargain between you and Beem, and this Agreement governs your use of the Mobile App, trybeem.com and the Services.
THIS AGREEMENT ALSO INCLUDES, AMONG OTHER THINGS, A BINDING ARBITRATION PROVISION THAT CONTAINS A CLASS ACTION WAIVER. PLEASE REFER TO SECTION 24 BELOW FOR MORE INFORMATION.
1. ACCEPTANCE OF AGREEMENT
Please carefully review this Agreement before using the Mobile App, trybeem.com or the Services, or accessing any data thereon. If you do not agree to these terms, you may not access or use the Mobile App, trybeem.com or the Services. To use Mobile App, trybeem.com or the Services and to accept the Agreement, you must be 1) a legal resident of the United States, 2) of legal age to form a binding contract with Beem, 3) not prohibited by law from using the Mobile App, trybeem.com or the Services.
2. MODIFICATION OF THIS AGREEMENT
Beem reserves the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on its website, trybeem.com . You should check this Agreement on trybeem.com periodically for changes. All changes shall be effective upon posting. We will date the terms with the last day of revision. Your continued use of the Mobile App, trybeem.com or the Services after any change to this Agreement constitutes your agreement to be bound by any such changes. Beem may terminate, suspend, change, or restrict access to all or any part of the Mobile App, trybeem.com or the Services without notice or liability.
4. MINIMUM TECHNOLOGY REQUIREMENTS TO ACCESS SERVICES
To access and use the Mobile App and Services, you must have a mobile device with access to the Internet running either Apple iOS 10.3 or higher, or Android 4.1 or higher. You must also have a valid email address and sufficient storage space to install any required mobile application. Beem’s mobile applications are available on the Apple App Store (for Apple devices) and Google Play Store (for Android devices).
5. USER INFORMATION ACCURACY AND UPDATES
To access Beem’s Services, you must create a Mobile App user account with Beem. This process will include creation of a Login ID to access the Mobile App and the Services. When you sign up for a user account, you agree to provide accurate, current and complete information—such as your name, mailing address, and email address –as may be prompted by any registration forms available through the Mobile App, in connection with the Services or as otherwise requested by Beem for such information (“User Information”). You further represent that you are a legal owner of, and that you are authorized to provide us with, all User Information and other information necessary to facilitate your use of the Mobile App and Services. In order to use certain Services, Beem may be required to verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. If you do not respond to such inquiries or we cannot verify your identity, we can refuse to allow you to use the Mobile App and/or Services. Should any of your User Information change, you agree that you will update this information as soon as possible. To update your User Information, you may go to the Profile section of the Beem app, click on “Settings,” and update your User Information accordingly. Should you believe or have reason to believe that any of your User Information, including your Login ID, has been compromised, or that another person is accessing your user account through some other means, you agree to notify us as soon as possible at [email protected].
6. OVERVIEW OF SERVICES
Beem offers a variety of services and features collectively referred to in this Agreement as the “Services.” These Services together called Personal Financial Management Services and include: A suite of services and features you can subscribe to that can assist you in sending money to loved ones, managing your budget, avoiding overdrafts, saving money, checking credit score, estimating tax payments due to IRS and filing of taxes, custom cash back offers up to 20%, getting insurance quotes and more. You can also set aside money for unexpected expenses. If you encounter an unexpected expense (medicine, gas, diapers, grocery, bills, etc) before you have enough money saved up, you can get access to amounts (called as Everdraft™) between $20 - $1,000 to help cover the expense. See Section 8 for terms and details.
7. THIRD-PARTY BANKING ACCOUNT INFORMATION
To use the Services, you direct Beem to retrieve your account transaction history, balance information, and/or other information maintained by third-parties which are your personal accounts you own, manage and engage in financial transactions with (“Third-Party Account Information”). Beem works with one or more third-party service providers to access this Third-Party Account Information. We will use this information to provide you with the Services you request, for our own internal business purposes and to offer you other Beem products and services that may be of interest to you. By using the Services, you authorize Beem to access this information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. By agreeing to this Agreement, you are also agreeing that you are responsible for keeping any passwords and usernames you provide to us so we can retrieve this Third-Party Account Information secure, and for keeping those passwords and usernames up to date in the Mobile App. Beem does not review the Third-Party Account Information for accuracy, legality or non-infringement, and Beem is not responsible for your Third-Party Account Information or products and services offered by or on third-party sites. You acknowledge that any Third-Party Account Information that is displayed through the Services will be the information we most recently accessed, and that this information may not reflect pending transactions or other recent activity.
8. BEEM’S PERSONAL FINANCIAL MANAGEMENT SERVICES
A. Opening a Beem account
Beem offers you to open a personal account for sending money to and receiving money from any other verified user. To create your Beem Account, we require that you must meet the following:
1. You must be a resident of the United States or one of its territories.
2. You must be at least 18 years old or the age of majority in your state of residence.
3. You must provide us with your first and last name and email address. To access certain additional features, including a Beem Account Balance, we will request that you provide additional information to permit us to verify your identity, including: your date of birth, social security number, and in some cases a form of photo identification.
Using a Beem account, you can do the following:
8.1 Send money to friends
You can send money to a friend using the Send feature in your Beem account (sometimes called “personal payments” or “peer-to-peer/P2P payments”). You can send money to a friend, even if they don’t have a Beem account, using their email address or mobile number. If the friend does not have a Beem account, they can claim the payment by verifying their personal information and your friend can choose to withdraw the money into a verified bank account or bank issued debit card or a pre-paid card or a gift card of choice. If they don’t claim any money sent within 7 days of the date it is sent, the payment will be canceled and any money (including any fees you were charged) will be sent back to you. Beem does not charge any fees to you for sending money.
8.2 Receive money
a. Add money
If we have verified the required identifying information (name, physical address, date of birth, and social security) that you provide to us, Beem may offer you the ability to add money to your Beem account from a linked & verified bank account or a linked & verified debit card, subject to the applicable fees mentioned on the Pricing page. Otherwise, you cannot add money. Remember, you may use the payment methods linked to your Beem account to fund transactions and you don’t need a Beem account balance to send money. It is important to note that in order to use Beem services, you must link your own bank account. You cannot link an account belonging to your spouse or anyone in the family and friends. If we identify at any time on or after your Beem onboarding that the account that you have linked with Beem does not belong to you, then your Beem account services might get stopped or interrupted immediately in violation of the terms. The name on the bank account must match with the name provided as part of your PII details while signing up for a Beem account. You might not get refund of the services fee paid already. Beem reserves the right to refill the dues in your Beem account, from your debit card or bank account linked with Beem account. At any point of time money is credited to your Beem wallet balance, it will first settle your outstanding dues if any (any subscription fees, late fees, Everdraft™ dues, etc) and the balance amount will then be credited to your Beem balance.
b. Receive Money
You can receive money from your friends in your Beem account or bank issued debit card or bank account or prepaid cards or via gift card, subject to the applicable fees mentioned on the Pricing page. At any point of time money is credited to your Beem wallet balance, it will first settle your outstanding dues if any (any subscription fees, late fees, Everdraft™ dues, etc) and the balance amount will then be credited to your Beem balance.
8.3 Move Money out of your Beem Account
Money in your Beem account may be transferred out of Beem by:
Transferring it via standard transfer (ACH) to a bank account linked to your Beem account for free, or
Buying prepaid card or gift cards for free, or
Transferring it instantly to an eligible verified debit card, subject to the fees applicable to such transfers that can be found on the Pricing page.
Bank transfer reviews
We review account and transaction activity at various times, including when bank transfers are initiated. This review checks for, among other things, suspicious or illegal activity, and whether your account activity and the activity of users with whom you’ve transacted comply with this agreement. In connection with our review process, you may be required to provide us with additional information and/or documentation to verify your identity. We may limit your account and your access to money in it or that is sent to you until verification is completed.
Bank transfer reviews may result in:
delayed, blocked or canceled transfers;
money or payments being held by us;
money or payments being applied to amounts you owe to us or used to offset loss incurred by us;
account limitation, suspension or termination;
money or payments being seized to comply with a court order, warrant or other legal process; and/or
money or payments you previously received being reversed (i.e., sent back to the sender or to the card or bank account that was used to fund the payment).
Among other reasons, we may take the above actions if you knowingly or unknowingly were a participant in a payment that was made from a stolen card, compromised bank account, or compromised Beem account, or if you were a participant in a transaction for goods and services between two personal accounts.
BEEM SHOULD ONLY BE USED TO TRANSACT WITH PEOPLE YOU KNOW AND TRUST. DO NOT USE BEEM TO TRANSACT WITH PEOPLE YOU DON’T KNOW. IF YOU USE BEEM TO CONDUCT SUCH A TRANSACTION AND WE LATER REVERSE THE PAYMENT (WHICH COULD OCCUR IF IT IS DETERMINED THAT THIS AGREEMENT WAS VIOLATED OR IF THE PAYMENT WAS MADE USING A COMPROMISED PAYMENT METHOD OR ACCOUNT), YOU COULD LOSE THE MONEY SENT FOR THEM.
8.4 Manage Money (“Budget”)
If you subscribe to Beem’s Personal Financial Management Services, you will have access to “Budget”, “Insights”, and transaction monitoring across all your linked bank accounts. With Budget, we track your income and expenses, and we let you know about estimated upcoming bills and other expenses. Budget will monitor your linked bank account held at a depository institution (a “Linked Account”) and generate an automated personalized budget for you along with letting you know when you’re in danger of having insufficient funds in your Linked Account, helping you avoid overdrafts, returned transactions and bank fees. With Insights Feeds, we inform you about potential financial pitfalls 72 hours ahead of time, remind you of upcoming bills and subscriptions, exceeding budget limits, intelligent insights on where to spend and save and more.
8.5 Get Emergency Money (“Everdraft™”)
Beem offers Everdraft™ as part of its personal financial management suite of services. It is one of the many features delivered as part of the Beem subscription. Putting money aside for unexpected expenses is important. If you encounter an unexpected expense (medicine, gas, diapers, grocery, bills, etc) before you have enough money saved up, you can get access to amounts (called Everdraft™ ) between $20 to $1,000 to help cover the expense. These funds could be the money from your income, side gigs, refunds, government benefits etc that you have set aside over time into your linked account/s. This feature has no fee associated with it, no credit scores or FICO credit checks are performed to deliver this service, using this service will not impact your credit, there is no interest associated with this service, there are no late fees for this service, there are no finance charges to use this service and there is no due date when you use this service which means funds delivered as part of this service are not due on Pay Day and being unable to settle the funds automatically on or before PayDay does not result in any fees or issues. However, just like the funds are not due on Pay Day, similarly your funds can be settled as soon as fund arrive in your account at any time as Everdraft™ is delivered in lieu of funds you are entitled to ahead of time for emergencies and when funds arrive into your account it is automatically settled. In other words, not having a due date works both ways.You might be able to settle the funds at a later time if funds you are entitled to are delayed but you may settle the funds ahead of time if funds you are entitled to arrive early. This service uses data from one or more accounts that you link to use Beem so you can manage your financial life better to deliver funds entitled to you and scheduled to arrive at a later time net of obligations (each, an “Everdraft™”). If you have subscribed to Beem's personal financial management services and we detect that you are likely to have insufficient funds for upcoming transactions in your Linked Account based on your previous account activity, we will alert you to the possibility of having insufficient funds through the Mobile App, SMS messages and/or email. Eligible users will be offered the opportunity to receive a free “Everdraft™” to their Linked Account or debit card, if applicable. You may also log into the Mobile App and request an Everdraft™ at any time. In all cases, you must affirmatively choose to receive or withdraw Everdraft™. The amount of each Everdraft™ you are eligible for is based on, among other things, whether you have an active account with transactions that directly relate to funds you are entitled to coming into that account like alimony, govt benefits, income, side gigs, regular transfers etc along with regular expenses a.k.a obligations. We reserve the right to Everdraft™ amounts and our eligibility criteria at any time. You are not required to make voluntary payments referred to as 'Tips' or 'Donations' in appreciation of the service provided.
A. Instant Transfer Fees
You may request that Beem expedite disbursement of your Everdraft™ using non-standard non-free methods by choosing that option on your own and may have to pay fees related to the same. There are multiple free disbursement methods available and you can choose any of them. You are not obliged to choose the non-standard non-free method. While you can generally receive an Everdraft™ within three (3) business days depending on processing times, if you choose the non-standard option and pay the fee, we will use a faster delivery method that will deliver the Everdraft™ to you within 8 hours. The fee structure is as follows -
Fee for Non-standard instant dispersal of funds
When you request an Everdraft™ and choose the non-standard non-free option to expedite disbursement of the Everdraft™, we will disclose the amount to you again through the Mobile App before you make your selection. The fee is auto collected with your Everdraft™.
B. Settling your Everdraft™
Each Everdraft™ is auto-settled as your funds arrive into your account because the Everdraft™ was provided in lieu of funds entitled to you arriving into your account ahead of time, so when the funds arrive Beem will detect this and begin the auto-settling process including partially settling your Everdraft™ over time which means when funds arrive sooner, settlement will occur sooner and when funds arrive later than anticipated funds will be settled later giving you the ultimate flexibility. We reserve the right to charge your Linked Account or debit card for Beem any time after the later of: (1) we see evidence of funds you are entitled to deposited into your Linked Account or (2) the date selected by you through the Mobile App. However, Beem warrants that it has no legal or contractual claim against you based on a failure to repay an Everdraft™, but Beem will not provide you further Everdraft™s while any amount remains un-settled under the “Everdraft™” Service. With respect to a failure to settle an Everdraft™, Beem warrants it will not engage in any debt collection activities, place the amount owed with or sell to a third party, or report you to a consumer reporting agency. Beem does not waive any rights regarding fraudulent activity, and Beem will pursue instances of fraud. Although Beem is helping users avoid financial emergencies, Beem is not responsible for these emergencies including overdraft fees, over-the-limit fees, insufficient fund charges, or any other bank fees that result from your failure to maintain a sufficient balance in your Linked Account. Beem may reach out to you via phone call, email, sms, app notifications to inform you of what has happened, its impact to you and the community. Beem may also help you overcome your situation so you can continue to improve your financial health via the Beem subscription. Beem monitors your balance and will attempt to ensure you have sufficient funds before debiting your account, but Beem makes no warranties that an overdraft will not occur. At any point of time money is credited to your Beem wallet balance, it will first settle your outstanding dues if any (any subscription fees, late fees, Everdraft dues, etc) and the balance amount will then be credited to your Beem balance.
Beem is not currently licensed by the Department of Financial Protection and Innovation.
If the Department does decide in the future to license Beem, and/or require Beem to make modifications to its product agreement, such developments may have no impact on your obligation under this agreement.
Although Beem is not licensed by the Department, any consumer is invited to share any comment and concerns about Beem or its product and practices with the Department of Financial Protection and Innovation at 1-866-275-2577 (toll-free) or at the following URL: https://dfpi.ca.gov/file-a-complaint/
C. Beem Boost
Beem offers you Beem Boost, which are performance milestones based cashboosts and are over and above your qualified Everdraft™ balance. These Beem Boost once unlocked get automatically added to your Everdraft™ balance and are available for withdrawal upto 30 days from the day of unlocking. Beem Boost availability will vary depending on multiple factors like verified status of your debit card, linked bank account transaction activities, Income trends, Everdraft™ repayment behavior/pattern etc.
8.6 Credit Monitoring & Identity Theft Protection
If you subscribe to Beem’s Pro and Plus plan, you get access to Credit Monitoring and Identity theft protection. With Credit monitoring feature, you can check your credit scores regularly and get timely alerts on increase and decrease of score from bureau. You can also simulate your credit score and understand what actions can lead to improve your credit and increase credit score. With this feature, you can also analyze your debt balance to income ratio to avoid getting into a debt trap.
With Identity Theft Protection feature, Beem keeps tabs on your personal information and ensures it is not compromised like being used by a fraudster pretending to be you and covers you up to $1Million for issues that arise from it while helping you reestablish your identity.
8.7 Other Services
Using a Beem account, you also get access to below services:
A. File Federal and State taxes - With this feature, you can file individual tax returns for both Federal and State on the Mobile App and track the status of the refunds, tax owed and make payment to IRS. You can file for any tax situation (W-2, 1099, single or joint status, multi-state filing and all combinations supported). This feature currently is free of cost and there is no subscription required.
B. Send or use Gift cards - Using a Beem account, you can send a gift card for free to your friends and loved ones.
C. Buy Cheaper Insurance - You get free access to insurance quotes to choose from and then buy or renew your auto insurance with the insurance provider at actual cost.
D. Save when you spend - You can get up to 20% cash backs when you shop online or in stores by simply linking your credit or debit cards to your Beem account.
8.8 Beem Drive Program
Beem Drive is a telematics based service which uses telematics SDK to evaluate your driving behavior and provide you with insurance offers based on the same.
Relevant data privacy and security terms as may be applicable under Applicable Law.
Location Information and Driving Event Features:
If you enroll in Beem Drive and then you want to leave the program, Beem and third parties will store your driving data for the foreseeable future to make sure we can provide you with the full service in the event you decide to enroll back into the program.
In the event of a crash while using Beem Drive, Beem will not be responsible for your damages. We encourage you to not use your phone and focus on the road while driving.
B. Link or Unlink a Payment Method
You can link or unlink certain payment methods such as a debit card or a U.S. bank account to your Beem account. Please keep your payment method information current (e.g. debit card number and expiration date). If at any time, the debit card has expired or bank account has closed or deactivated, you must update the information in your Beem account to continue availing the services. It is important to note that in order to use Beem services, you must link your own bank account. You cannot link an account belonging to your spouse or anyone in the family and friends. If we identify at any time on or after your Beem onboarding that the account that you have linked with Beem does not belong to you, then your Beem account services might get stopped or interrupted immediately in violation of the terms. The name on the bank account must match with the name provided as part of your PII details while signing up for a Beem account. You might not get refund of the services fee paid already. Beem reserves the right to refill the dues in your Beem account, from your debit card or bank account linked with Beem account.
C. Fees and Payment Limits
1. We may, at our discretion, impose limits on the amount and/or the number of payments and transfers you can add, send and receive. You can view the limits on our Payment Limits page.
2. The fees applicable to adding, sending, receiving and moving money can be found on the Pricing page. In order to manage risk, we may limit the payment methods available when you make a payment. Fees and limits may change from time to time in our sole discretion.
D. Subscription Fee
Beem tries to help as many people as possible but may not be able to help everyone. After Beem has determined if it can help you, it will present available plans to you. Beem has a freemium model with paid plans starting as low as $2.47/month (“Subscription”) to maintain a connection to your external bank account through third-party services, to access our account monitoring and notification services and the Personal Financial Management Services. Beem deducts the Subscription from your Linked Account or a linked debit card. The fee will be charged regardless of the status of your connection. If you are experiencing connectivity issues, please try to update your connected bank’s log-in credentials. If the Membership charge fails, by agreeing to these terms, you authorize Beem to process any failed or missed Subscription charges together with the following month's Subscription. Should all attempts fail, Beem reserves the right to charge the fee from another one of your connected bank accounts or debit card. You will be billed for your first Subscription on a monthly basis and always upfront. To help you keep your Beem services in active status and avoid late fees, your subscription for the immediate future month is collected in advance as soon as we detect funds in your account. This will also protect you from incurring late fees of $5 every month for every missed subscription, capped to $15 in aggregate late fees. You may choose to either cancel pause your subscription through the website or notify us by email at [email protected] if you do not want to renew your subscription. Your subscription would be canceled once all the outstanding dues are settled. The detailed fee structure and benefits under each plan, including the free services, are mentioned in the Pricing page on our website.
The Credit Monitoring and Identity Protect services available under the Pro and Plus plans get activated once the subscriber starts accessing the services on the Mobile App. However, if the subscriber stops accessing the services on the Mobile App, these services are auto-turned off on non-usage and get auto-activated again when the subscriber starts accessing the service. In order to enjoy the services by Beem, you need to have an active subscription and to help us provide continuous services, you should not turn off your debit card linked with the Beem account. Disabling debit transactions on your Beem account linked debit card is considered a breach of the terms and conditions you have entered into with us. Consequently, your Beem services might get impacted and you might experience delays in accessing the services on the Mobile App.
E. Late Fees for non-payment of active subscription
Our intention is not to charge any late fees to access Beem’s services. Beem will assume you will need the services you have subscribed to, in order to keep the services on. If there is a delay in payment of subscription fees only, then we would be incurring cost, which is why you may incur a late fee. A late fee is applicable for active users whenever the subscription is not paid within 7 days after the end of the current subscription cycle i.e. calendar month. A late fee of $5 is billed for every missed subscription and it accumulates to $15 in the next 3 months if the subscription is still unpaid. In case of a financial hardship, the user can apply for a late fee waiver from the Mobile App, which will be evaluated for consideration.
F. Account Statement
You have the right to view all transaction history showing your Beem account activity. You may view the transactions in your Beem account by tapping on “Your transactions” section on the homepage of your Mobile App.
9. CLOSING A BEEM ACCOUNT
You may close your account and terminate your relationship with us without cost, but you must clear all amounts or fees due to us, including subscription fees. Any incomplete transactions or transfers must be completed or canceled. In certain cases, you may not close your Beem account, including:
a. To evade an investigation
b. If you have a pending transaction or an open dispute or claim.
c.If you owe amounts to us.
d.If your Venmo account is subject to a hold, limitation or reserve.
Once all dues are cleared, you can choose to cancel the subscription from our website and then deactivate the account, which can be done from the trybeem.com website as well.
Fees provide for non-standard non-free options such as instant disbursement, additional fees for subscription payment delays and the Subscription Fee are non-refundable. However, Beem at its discretion and based on request for financial hardship waiver provided by customer, may choose to waive one or more of these fees.
11. CREDIT AND DEBIT AUTHORIZATION
If you enroll in the Personal Financial Management Services, you authorize Beem to electronically debit your Payment Method for the Subscription Fee once each month. As applicable, you also authorize Beem to electronically debit and credit your Payment Method to correct erroneous debits and credits or to verify if this is a valid instrument that belongs to you. You have the right to receive notice of any debit for the Subscription Fee that would vary in amount from a previous Subscription Fee, but you agree that we only need to notify you in advance under these circumstances. (Our policy is that no single debit will exceed the amount shown to you and agreed by you, so we expect not to provide you with advance notice of each ongoing debit from your Payment Method).You acknowledge that, as applicable, the electronic authorization contained in this Section represents your written authorization for automated clearinghouse (“ACH”) and debit card transactions as provided herein and will remain in full force and effect until you notify Beem that you wish to revoke this authorization by emailing [email protected]. You must notify Beem at least three (3) business days before the scheduled debit date in order to cancel this authorization. When you call or email, please include the name and telephone number associated with your Mobile App user account. Failure to provide correct and complete information may make it impossible for Beem to stop withdrawal of the preauthorized transaction. You agree to indemnify and hold Beem harmless from and against any loss incurred as a result of its withdrawal of a pre authorized debit transaction from your Payment Method if any of the information relied upon in your request to stop payment is incorrect or incomplete. If you have followed the instructions in this section to notify Beem of your desire to revoke your authorization at least three (3) business days before the scheduled debit date, Beem will be liable for your losses or damages directly caused by our failure to stop any pre authorized transaction. If we do not receive notice at least three (3) business days before the scheduled debit date, we may attempt, in our sole discretion, to cancel the transaction. However, we assume no responsibility for our failure to do so. You warrant and represent to Beem that you have the right to authorize us to charge and credit your Payment Method for payments due to us under this Agreement. If you have a joint Linked Account, you represent and warrant that you have the authority to (a) bind the absent account holder; and (b) enter into this Agreement independently. You agree to indemnify and hold Beem harmless from any claims by any other owner of the Linked Account. You represent that you are capable of saving or otherwise storing a copy of this electronic authorization for your records, and the credit and debit transactions you request comply with applicable law. See Sections below for more information about your rights associated with electronic funds transfers.
12. BEEM DOTS & CASH BACK PROGRAM
12.1 Overview of the Program
Beem is introducing a rewards program (the “Dots”) to enable eligible users to receive credits towards Subscription or other fees (“Rewards”). We use our own technology in which case for various campaigns we run within the app we may provide these rewards or may use providers like Dosh Holdings, LLC. (“Dosh”) or Figg, Inc. (“Figg”) as a service provider to help us operate this program. Rewards will generally be reflected in the Mobile App based on the campaign or 10 days after making a Qualified Purchase at participating merchants, though they may be subject to delays. A "Qualified Purchase" is a purchase from a participating merchant using your registered card in accordance with the terms of the Offer and this Agreement. An "Offer" is the amount offered by the merchant, which may include, but not limited to, a minimum transaction amount, expiration date, any other additional terms or limitations associated with the offer. Cash back offers let you get up to 20% cash back on purchases that you frequently make. You will be required to link your credit and debit card to Beem and its partners to get notified of available offers and activate them. Beem may receive compensation from CashBack program partners when we successfully connect users to these opportunities.
12.2 Card Eligibility
Not all Visa, MasterCard, and American Express cards are eligible for registration. Visa, MasterCard, and American Express Corporate cards, Visa, MasterCard, and American Express Purchasing cards, non-reloadable prepaid cards, government-administered prepaid cards (including EBT cards), healthcare (including Health Savings Account (HSA) or Flexible Spending Account (FSA) or insurance prepaid cards, Visa Buxx, and Visa-, MasterCard-, and American Express-branded cards whose transactions are not processed through the Visa U.S.A payment system, MasterCard payment system, and/or American Express payment system are not eligible to participate.
12.3 Transaction Eligibility
Not all transactions with your registered Visa, MasterCard and American Express card are tracked by Visa, MasterCard and American Express. You acknowledge that Visa, MasterCard, and American Express may be unable to monitor every transaction made with your enrolled Visa, MasterCard, or American Express card, including PIN-based purchases, purchases you initiate through identification technology that substitutes for a PIN, payments made through other payment methods (such as a digital wallet or a third party payment app, where you may choose your Visa, MasterCard, or American Express card as a funding source but you do not present your card directly to the merchant), payments of existing balances, balance transfers, or transactions that are not processed or submitted through the Visa U.S.A, MasterCard, and American Express payment systems, and that transactions that cannot be monitored are not eligible.
12.4 Debit Instruction
If you register a debit card, your transaction must be processed as a ‘credit’ (i.e., signature) transaction to make sure the transaction can be monitored. Do not use a Personal Identification Number (PIN) when paying for your purchases with your enrolled card if you want the transaction to be eligible for Rewards or Offer completion.
12.5 Statement and Membership Credits
Rewards will not appear or be reflected on your transaction receipt from the merchant at the time of purchase, and will instead be reflected within the Mobile App. Subject to eligibility verification and settlement of the Qualifying Transaction, statement Rewards will typically appear in the Mobile App within approximately 10 days of the Qualifying Transaction, but may be subject to delays. Rewards cannot be processed if your card number expires or changes while the statement credit is pending and not settled, or your card account is not open or in good standing. You may not receive a statement Reward if it is not posted by your card issuer. Beem, the applicable card network, and your issuer have no responsibility or liability for the failure of a Reward to be posted, or for any finance or other charge, or impact on any rewards, feature, or term of your account resulting from the Reward. In no event shall the applicable card network be considered as maintaining any type of financial obligation or deposit or other asset account, or holding funds or other value for you for distribution to you. Any pending Rewards and any associated dollar values represent offer fulfillment amounts in process owed by the applicable merchant, and not your funds or balances maintained or held by the payment card network or Beem.
12.6 Opting Out
You may opt-out of the Beem Rewards Program and unlink your card at any time. To do so, you must contact us at [email protected].
12.7 Double Enrollment Restrictions
Your payment card may only be enrolled in one program operated by Dosh or Figg. If you have already enrolled a payment card with a separate program operated by Dosh, Figg or other provider, you will be unable to register that card in both the Beem Rewards Program and the other Dosh or Figg-operated program. You may deactivate your card in the other Dosh or Figg-operated program.
13. SECTION RESERVED
14. CONSENT TO ELECTRONIC COMMUNICATIONS AND DOING BUSINESS ELECTRONICALLY
14.1 Communications to Be Provided in Electronic Form
By choosing to use the Mobile App or the Services, you will receive from time-to-time disclosures, notices, documents, and any other communications about our Services, the Mobile App, or Beems from Beem (“Communications”). We can only give you the benefits of our Services by conducting business through the Internet, and therefore we need you to consent to receiving Communications electronically. This section informs you of your rights when receiving electronic Communications from us. We may discontinue electronic provision of Communications at any time at our sole discretion.
14.2 Communications in Writing
By accepting this Agreement, you agree that electronic Communications shall be considered “in writing” and have the same meaning and effect as if provided in paper form, unless you have withdrawn your consent to receive Communications electronically as stated below. You agree that we have no obligation to provide you Communications in paper format, although we reserve the right to do so at any time.
14.3 Minimum Requirements
You understand that, in order to view and/or retain copies of the electronic Communications, you will need either:
A computer with an Internet connection (PCs should be running Windows 7 or higher and Internet Explorer 10 or higher, Chrome, or Firefox; Macs should be running OSX and Safari, Chrome, or Firefox); or
A mobile device that meets the requirements described in Section 4.
You will also need a valid email address, sufficient storage space to save Communications or the capability to print the Communications from the device on which you view them.
14.4 Withdrawing Consent
You may withdraw your consent to receive Communications electronically by contacting us at [email protected]. If you withdraw your consent, we reserve the right to limit or close your Beem Account. If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected. You agree to pay any amount owed to Beem such as Subscription Fees or Instant Transfer Fees even if you withdraw your consent and we close or limit access to the Mobile App and/or the Services.
14.5 Updating Records
As noted above, you can update your User Information in the Mobile App or by emailing us at [email protected].
15. BEEM ALONG - Beem Community Funds
All contributions made via Beem’s upcoming BEEM ALONG program are at your own risk. When you make a contribution through Beem, it is your responsibility to understand how your money will be used. Beem is not responsible for any offers, promises, rewards or promotions made or offered by our users; such conduct violates these Terms of Service. We do not and cannot verify the information that Users supply, nor do we represent or guarantee that the contributions will be used in accordance with any fundraising purpose prescribed by a User or in accordance with applicable laws. Notwithstanding the foregoing, we take possible fraudulent activity and the misuse of funds raised very seriously. If you have reason to believe that a User or Fundraiser is not raising or using the funds for their stated purpose, please use the “Flag” button on the BEEM ALONG page. You may report it to [email protected]. Beem makes no representation as to whether all or any portion of your contributions, including, if any, fees, are tax deductible or eligible for tax credits. Beem will have no liability for any claim by any federal, state, provincial, territorial, local or any other tax authority with respect to the characterization on any applicable tax return of any contribution by you. You should consult your tax advisor to determine if any amount of your contribution is tax deductible or eligible for tax recognition, having regard to (among other things) the tax status of the recipient of any contribution in any relevant jurisdiction. Your Registration Obligations: You may be required to register with Beem in order to access and use certain features and services. If you choose to register, you agree to provide and maintain true, accurate, current and complete information about yourself. Organizers must register using their true identities including their name, address and any image or video purporting to depict their goal. You agree to keep registration information current and up to date. In order to contribute, a Contributor will be required to provide Beem information regarding the Contributor’s credit card or other payment instrument (“Payment Instrument”). You, as a Contributor, represent and warrant to Beem that such information is true, current and accurate and that you are authorized to use the applicable Payment Instrument. You agree that a certain minimum contribution amount may apply, and that all contributions are final and will not be refunded unless Beem, in its sole discretion, agrees to issue a refund, for example in accordance with its Refund Policy. Beem uses third-party payment processing partners to bill you through your Payment Instrument for any contributions made, and contributors acknowledge that by contributing to a Community Goal, you agree to the processing, use, transfer or disclosure of data by the Payment Processors pursuant to these Terms of Service as well as any and all applicable terms set forth by our payment partners.
16. SMS MESSAGING AND TELEPHONE CALLS
You consent to receive SMS messages (including text messages), and telephone calls (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) you have provided to us, with service-related information such as alerts, or questions about your use of the Services and/or Mobile App. You certify, warrant and represent that the telephone number you have provided to us is your contact number and not someone else’s. You represent that you are permitted to receive calls and text messages at the telephone number you have provided to us. You agree to promptly alert us whenever you stop using a telephone number. Beem and our agents, representatives, affiliates and anyone calling on our behalf may use such means of communication described in this section even if you will incur costs to receive such phone messages, text messages, emails or other means. Standard message and data rates may apply to all SMS messages (including text messages). We may modify or terminate our SMS messaging services from time to time, for any reason, and without notice, including the right to terminate SMS messaging with or without notice, without liability to you.
When you register with Beem, by default you OPT IN for receiving SMS. You can OPT OUT of the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
17. LIMITATIONS OF USE
You agree to use the Mobile App, trybeem.com and Services only for lawful purposes. You are prohibited from any use of the Services or Mobile App that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of the Mobile App or Services, including but not limited to unauthorized entry into Beem’s systems, misuse of passwords, or misuse of any information posted on the Mobile App, trybeem.com or through the Services is strictly prohibited. Beem makes no claims concerning whether use of the Mobile App, trybeem.com or Services is appropriate outside of the United States. If you access the Mobile App, trybeem.com or the Services from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. You agree you will not 1) try to reverse engineer, disassemble, decompile, or decipher the Mobile App, trybeem.com or the Services or software making up the Mobile App, trybeem.com and Services, 2) navigate or search the Mobile App, trybeem.com or Services with any tool, software, agent, engine or other means (including bots, avatars, intelligent agents, or spiders), 3) use a means other than Beem’s provided interface to access the Mobile App, trybeem.com or the Services, 4) use the Mobile App, trybeem.com or the Services in a way that could impair, overburden, damage, or disable any portion of the Mobile App, trybeem.com or Services, or 5) mirror any material contained on the Mobile App, trybeem.com or the Services. Beem reserves the right to take various actions against you if we believe you have engaged in activities restricted by this Agreement or by laws or regulations, and Beeme also reserves the right to take action to protect Beem, other users, and other third parties from any liability, fees, fines, or penalties. We make take actions including, but not limited to: 1) updating information you have provided to us so that it is accurate, 2) limiting or completely closing your access to the Mobile App, trybeem.com or the Services, 3) suspending or terminating your ability to use the Mobile App, trybeem.com or the Services on an ongoing basis, 4) taking legal action against you (note, as described in Section 9.3 Beem will not take action against you for failure to settle an Everdraft™, 5) holding you liable for the amount of Beem’s damages caused by your violation of this Agreement.
18. INTELLECTUAL PROPERTY RIGHTS
The Mobile App, trybeem.com and the Services are owned and operated by Line Financial, PBC. All content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, text, data, contents, names, trade names, trademarks, trade dress, service marks, layout, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, interfaces, databases, technology, and all intellectual property of any kind whatsoever and the selection and arrangement thereof (collectively, the “Beem Materials”) are owned exclusively by Beem or the licensors or suppliers of Beem and are protected by U.S. copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Nothing on this trybeem.com , Mobile App or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Beem Materials displayed on the Mobile App, trybeem.com or the Services, without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of Beem Materials found on the Mobile App, trybeem.com or the Services unless in accordance with written authorization by us. Beem prohibits use of any of the Beem Materials as part of a link to or from the Mobile App, trybeem.com or the Services unless establishment of such a link is approved in writing by us in advance. Any questions concerning any Beem Materials, or whether any mark or logo is a Beem Material, should be referred to Beem. All rights related to the Beem Materials are hereby reserved. You agree that the Beem Materials may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of Beem. You acknowledge that the Beem Materials are and shall remain the property of Beem. You may not modify, participate in the sale or transfer of, or create derivative works based on any Beem Materials, in whole or in part.
Beem may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Mobile App, trybeem.com or the Services at any time, with or without cause, in Beem’s absolute discretion and without notice. The following provisions of this Agreement shall survive termination of your use or access to the Mobile App, trybeem.com or the Services: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Dispute Resolution by Binding Arbitration, and General Provisions, and any other provision that by its terms survives termination of your use or access to the Mobile App, trybeem.com or the Services. Beeme further reserves the right to modify or discontinue, either temporarily or permanently, any portions or all of the Mobile App, trybeem.com or Services at any time with or without notice.
20. DISCLAIMER OF WARRANTIES
THE MOBILE APP, trybeem.com AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, BEEM AND ALL OF ITS SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, STOCKHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS, ASSIGNS, LICENSORS AND SUPPLIERS INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS (COLLECTIVELY, THE “BEEM PARTIES”) EXPRESSLY MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED AS TO THE CONTENT OR OPERATION OF THE MOBILE APP, trybeem.com OR THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MOBILE APP, trybeem.com OR THE SERVICES IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”THE BEEM PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE INFORMATION OR CONTENT ON THE MOBILE APP, trybeem.com, OR THE SERVICES, AND EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. THE BEEM PARTIES MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE MOBILE APP, trybeem.com OR SERVICES ARE FREE OF VIRUSES, BUGS, DEFECTS, ERRORS, OR OTHER COMPUTING ROUTINES THAT CONTAIN DAMAGING OR OTHERWISE CONTAMINATING PROPERTIES, OR PROGRAMS INTENDED TO INTERCEPT OR STEAL PERSONAL OR SYSTEM DATA. Please note, the ability to exclude warranties varies in different jurisdictions. To the extent that a jurisdiction places limits on the ability for a party to exclude warranties, these exclusions exist to the extent permitted by law. Because of this jurisdictional variance, some of the above exclusions may not apply to you.
21. NO LEGAL TAX OR FINANCIAL ADVICE; ALERTS
BEEM DOES NOT INTEND TO PROVIDE YOU WITH ANY LEGAL, TAX, OR FINANCIAL ADVICE THROUGH THE MOBILE APP, trybeem.com OR THE SERVICES. BEEM IS NOT A LAWYER, TAX ADVISOR, BROKER, OR FINANCIAL PLANNER. BEEM ENCOURAGES YOU TO CONSIDER CONSULTING AN ACCOUNTANT OR OTHER FINANCIAL ADVISOR AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES BEFORE IMPLEMENTING ANY FINANCIAL STRATEGY OR MAKING OTHER FINANCIAL DECISION. BEEM WILL MAKE REASONABLE EFFORTS TO PROVIDE TIMELY AND ACCURATE ALERTS TO YOU, BUT YOU ACKNOWLEDGE AND UNDERSTAND THAT ALERTS MAY BE DELAYED OR PREVENTED FOR VARIOUS REASONS. BEEM DOES NOT GUARANTEE THE DELIVERY, ACCURACY, OR TIMELINESS OF ALERTS. FURTHER, BEEM IS NOT LIABLE FOR ANY ERRORS IN THE DELIVERY OR CONTENT OF AN ALERT, AND BEEM IS NOT LIABLE FOR ACTIONS YOU TAKE, OR DO NOT TAKE, IN RELIANCE ON ALERTS. BEEM IS NOT LIABLE FOR ANY THIRD PARTY RELIANCE ON ALERTS.
22. LIMITATION OF LIABILITY
THE BEEM PARTIES WILL NOT BE RESPONSIBLE, UNDER ANY CIRCUMSTANCES, TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING DAMAGES UNDER WARRANTY, CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER CLAIMS, ARISING OUT OF OR RELATING TO YOUR USE OF THE MOBILE APP, trybeem.com OR THE SERVICES, THE BEEM MATERIALS, OR ANY CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE MOBILE APP, trybeem.com OR THE SERVICES, EVEN IF BEEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE BEEM PARTIES WILL ALSO NOT BE LIABLE TO YOU FOR ANY USE OF INFORMATION, DATA, OR OTHER MATERIAL TRANSMITTED VIA THE MOBILE APP, trybeem.com OR THE SERVICES, OR FOR ANY ERRORS, DEFECTS, INTERRUPTIONS, DELETIONS, OR LOSSES RESULTING FROM, INCLUDING LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO, OR USE OF, THE MOBILE APP, trybeem.com OR THE SERVICES. IN NO EVENT WILL THE BEEMPARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED USD $1,000 (ONE THOUSAND UNITED STATES DOLLARS). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MOBILE APP, trybeem.com OR THE SERVICES OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SERVICES.
To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless the Beem Parties from and against any and all claims, losses, expenses, demands or liabilities, including reasonable attorneys’ fees arising out of or relating to (i) your access to, use of or alleged use of the Mobile App, trybeem.com or the Services; (ii) your violation of this Agreement or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You shall cooperate as fully as reasonably required in the defense of any such claim. Beem reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree not to settle any matter without the prior written consent of Beem.
24. DISPUTE RESOLUTION BY BINDING ARBITRATION
YOU HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS PROVISION AS PROVIDED IN SECTION 24.3 BELOW.
24.1 Election to Arbitrate. You and Beem agree that the sole and exclusive forum and remedy for resolution of a Claim be final and binding arbitration pursuant to this Section 26 (the “Arbitration Provision”), unless you opt out as provided in Section 24.3 below. As used in this Arbitration Provision, “Claim” shall include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us on the other hand, relating to or arising out of this Agreement, and/or the activities or relationships that involve, lead to, or result from this Agreement, including (except to the extent provided otherwise in the last sentence of Section 24.8 below) the validity or enforceability of this Arbitration Provision, any part thereof, or the entire Agreement. Claims are subject to arbitration regardless of whether they arise from contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counter‐claims, cross-claims, third-party claims, or otherwise. Please note that you may continue to assert Claims in small claims court, if your Claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The scope of this Arbitration Provision is to be given the broadest possible interpretation that is enforceable.
24.2 Applicability of the Federal Arbitration Act; Arbitrator’s Powers. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the Federal Arbitration Act (the “FAA”). The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information.
24.3 Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision for all purposes by sending an arbitration opt out notice to [email protected], within 60 days of the date of your electronic acceptance of the terms of this Agreement. The opt out notice must clearly state that you are rejecting arbitration; identify the Agreement to which it applies by date; provide your name, address, and social security number; and be signed by you. You may send an opt-out notice in any manner you see fit as long as it is received at the specified address within the specified time. No other methods can be used to opt out of this Arbitration Provision. If the opt out notice is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the opt out notice on your behalf.
24.4 Informal Dispute Resolution. If a Claim arises, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. You agree that before filing any claim in arbitration, you may submit Claims by sending an email to [email protected] at any time.
24.5 Arbitration Procedures. The party initiating arbitration shall do so with the American Arbitration Association (the “AAA”) or Judicial Alternatives and Mediation Services (“JAMS”). The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with, the rules and policies of the administrator selected, except to the extent the rules conflict with this Arbitration Provision or any countervailing law. If you have any questions concerning the AAA or would like to obtain a copy of the AAA arbitration rules, you may call 1(800) 778-7879 or visit the AAA's web site at: http://www.adr.org . If you have any questions concerning JAMS or would like to obtain a copy of the JAMS arbitration rules, you may call 1(800) 352-5267 or visit their web site at: http://www.jamsadr.com . In the case of a conflict between the rules and policies of the administrator and this Arbitration Provision, this Arbitration Provision shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply. The arbitration will be held in the United States county where you live or work, or any other location we agree to.
24.6 Arbitration Fees. If we elect arbitration, we shall pay all the administrator's filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of the administrator selected, or in accordance with countervailing law if contrary to the administrator's rules. We shall pay the administrator's hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator's rules or applicable law require otherwise, or you request that we pay them and we agree to do so. Each party shall bear the expense of its own attorneys' fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.
24.7 Appeals. Within 30 days of a final award by the arbitrator, any party may appeal the award for reconsideration by a three-arbitrator panel selected according to the rules of the arbitrator administrator. In the event of such an appeal, any opposing party may cross-appeal within 30 days after notice of the appeal. The panel will reconsider de novo all aspects of the initial award that are appealed. Costs and conduct of any appeal shall be governed by this Arbitration Provision and the administrator's rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not subject to appeal, and any panel award on appeal, shall be final and binding, except for any appeal right under the Federal Arbitration Act (“FAA”), and may be entered as a judgment in any court of competent jurisdiction.
24.8 No Class Actions. NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this Section 26.8, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this Section 25.8 shall be determined exclusively by a court and not by the administrator or any arbitrator.
24.9 Survival and Severability of Arbitration Provision. This Arbitration Provision shall survive the termination of this Agreement. If any portion of this Arbitration Provision other than Section 24.10 is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. If there is a final judicial determination that applicable law precludes enforcement of this Arbitration Provision’s limitations as to a particular claim for relief or particular term, then that claim (and only that claim) or that term (and only that term) must be severed from the Arbitration Provision and may be brought in court. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in Section 24.8 are finally adjudicated pursuant to the last sentence of Section 24.8 to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision.
24.11 Judicial Forum for Claims. Except as otherwise required by applicable law, in the event that this Arbitration Provision is found not to apply to you or your Claim, you and Beem agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Los Angeles County, California. Both you and Beem consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
24.12 WAIVER OF RIGHT TO LITIGATE. THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY.
25. GOVERNING LAW AND VENUE
Except for Section 24 which is governed by the FAA, this Agreement and all Claims are governed by the laws of the State of California, without regard to conflict-of-law rules.
26. ELECTRONIC FUND TRANSFER DISCLOSURE STATEMENT
The following disclosures are made in accordance with the federal law regarding electronic payments, deposits, transfers of funds and other electronic transfers. There may be limitations on your Linked Account or debit card that restrict your ability to make electronic fund transfers. Any such limits are disclosed in the appropriate agreements governing your Linked Account or debit card. The disclosures in this Section 24 apply to all Services described in this Agreement.
Electronic Fund Transfer : Any transfer of funds that is initiated through an electronic device or computer to instruct us to debit or credit a Linked Account or debit card. Electronic Fund Transfers include such electronic transactions transfers initiated via telephone or the Mobile App.
Preauthorized Electronic Fund Transfer : An Electronic Fund Transfer that you have authorized in advance to recur at substantially regular intervals; for example, withdrawal of funds out of your Linked Account to pay the Subscription Fee.
Unauthorized Electronic Fund Transfer is an Electronic Fund Transfer initiated by a person other than you who does not have actual, implied, or apparent authority to initiate the transfer, and from which you do not benefit. If you give access to your Mobile App user account to another person, all payments by that person are authorized unless and until you notify us that payments by that person are no longer authorized.
26.2 Your Liability.
Authorized Transfers : You are liable for all Electronic Fund Transfers that you authorize, whether directly or indirectly.
Unauthorized Transfers : Tell us at once if you believe your Mobile App Login ID or password has been lost or stolen or if your Mobile App user account has been, or may have been, subject to Unauthorized Electronic Fund Transfers. Contact us immediately to keep your possible losses to a minimum. You could lose all the money in your Linked Account(s).
If you tell us within four (4) business days after learning of the loss or theft of your Mobile App Login ID or password or after learning of any other Unauthorized Electronic Fund Transfers associated with your Mobile App user account, you can lose no more than $50. However, if you DO NOT tell us within four (4) business days after learning of the loss, theft or unauthorized use associated with your Mobile App user account, and we can establish that we could have prevented the Unauthorized Electronic Fund Transfer(s) if you had told us in time, you could lose as much as $500.
If your periodic account statement issued by your bank or financial institution shows Unauthorized Electronic Fund Transfers and you DO NOT tell us within ninety (90) days after the statement was delivered to you, you may not get back any money you lose after the ninety (90) day period if we can prove that we could have prevented the unauthorized transfer(s) if you had told us in time. If an extenuating circumstance (such as extended travel or hospitalization) prevents you from promptly notifying us of a suspected lost or stolen Mobile App Login ID or password or of any other suspected Unauthorized Electronic Fund Transfers(s), the time periods specified in this Section 28.2 may be extended for a reasonable period.
26.3 Business Days. For purposes of this Section 28, Beem business days are Monday through Friday. Holidays are not included.
26.4 Types of Transfers; Limitations. You may use the Services to request and receive Everdraft™s to your Linked Account or debit card, to repay such Everdraft™s in the amounts and on the days you request, to pay voluntary tips to Beem, and to pay the monthly Subscription Fee. Any limitations regarding Everdraft amount, tip amount or Subscription Fee amount will be displayed to you through the Services. Through the Mobile App you may also authorize recurring preauthorized Electronic Fund Transfers from your Linked Account to pay for the Subscription Fee. See Section 11 for more information about stopping payment of preauthorized Electronic Fund Transfers.
Transfers between your Linked Account and Beem, as well as payments made to third parties through the Send a Check service, are governed by the Beem Deposit Account Agreement, available here. Please refer to that agreement for information concerning any limitations that may apply to these transfers and payments.
26.5 Fees. Beem charges no fees to access an Everdraft™. However, you may choose to pay an Instant Transfer Fee to expedite an Everdraft™ as set forth in Section 8.5.A.
26.6 Documentation. Your Everdraft™ and payment history can be viewed within the Mobile App by navigating to the “Your Transactions” section on the homepage depending on the type of transactions you seek to view. You are responsible for reviewing payment history and transaction history, if applicable, and maintaining copies for your records.
26.7 Our Liability. See Sections 22 and 24 above. If Beem does not debit or credit your Linked Account or debit card in accordance with these Terms, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
If, through no fault of ours, you do not have enough money in your Linked Account or debit card to make a payment.
If the Linked Account or debit card you specify as the payment source is closed or does not contain sufficient funds to complete the payment or the charge is rejected or returned by your bank or financial institution.
If the Services were not working properly and you knew about the problems when you started your payment.
If we cannot complete a payment due to fraud or attacks on our systems or the Services.
If circumstances beyond our control (such as fire or flood) prevent a payment, despite reasonable precautions we have taken.
There may be other exceptions stated in our Agreement with you.
26.8 Confidentiality Related to Electronic Fund Transfers. We will disclose information to third parties about the Electronic Fund Transfers you make through the Services:
Where it is necessary for completing the Electronic Fund Transfers; or,
In order to comply with government agency or court orders; or,
If you give us written permission; or,
26.9 Error Resolution
In case of errors or questions about your Electronic Fund Transfers, telephone us at +1 (323) 641-4224 or email us at [email protected]. If you think your Linked Account statement, receipt, or payment history within the Mobile App are wrong, or if you need more information about a transfer listed on the statement, receipt, or within the Mobile App, contact us as soon as you can. We must hear from you no later than 90 days after the statement or receipt was delivered to you. In your notification to us, you must:
Tell us your name and phone number associated with your Mobile App user account.
Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your Linked Account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.
For errors involving new Mobile App user accounts, we may take up to 90 days to investigate your complaint or question. For new Mobile App user accounts, we may take up to 20 business days to credit your Linked Account for the amount you think is in error. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
ALL QUESTIONS ABOUT TRANSACTIONS MADE THROUGH THE BEEM SERVICES MUST BE DIRECTED TO BEEM, AND NOT TO THE BANK OR OTHER FINANCIAL INSTITUTION WHERE YOU HAVE YOUR LINKED ACCOUNT. We are responsible for the Services and for resolving any errors in transactions made in conjunction with such Services.
We will not send you a periodic statement listing transactions that you make through the Services. The transactions will appear only on the statement issued by your bank or other financial institution. SAVE THE RECEIPTS YOU ARE PROVIDED WHEN YOU USE THE SERVICES, AND CHECK THEM AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM YOUR BANK OR OTHER FINANCIAL INSTITUTION. If you have any questions about one of these transactions, call or write us at the telephone number and address indicated below:
+1 (323) 641-4224 Line Financial, PBC. 44 Montgomery St, San Francisco, CA 94104 Email: [email protected]
IF YOUR MOBILE APP LOGIN ID OR PASSWORD IS LOST OR STOLEN, NOTIFY US AT ONCE by calling or writing to us at the telephone number or address listed above.
If any provision of this Agreement is found to be invalid, unlawful, void, or unenforceable by either an arbitrator or a court of competent jurisdiction, this Agreement’s remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.
You agree that if Beem does not enforce any of its legal rights or remedies under this Agreement, or other legal rights or remedies Beem has under applicable laws, this shall not be construed as a formal waiver of those rights or remedies or any other rights in any way whatsoever.
29. GENERAL PROVISIONS
30. AUTHORIZATION FOR THE SOCIAL SECURITY ADMINISTRATION TO DISCLOSE YOUR SOCIAL SECURITY NUMBER VERIFICATION
When you click on the confirm button on the "Verify your Identity" page, you authorize the Social Security Administration (SSA) to verify and disclose to Line Financial, PBC. through Socure, Inc., their service provider, for the purpose of verifying your identity, whether your name, Social Security Number (SSN) and date of birth you have submitted matches the information in SSA records. This consent is for a one-time validation within 90 days of the date of submission.
31. USAGE OF THIRD PARTY SERVICES
Beem will provide customer support for your Dwolla account activity, and can be reached at [email protected]
In order to use Beem Drive service, driving data and other information will be shared with our telematics third party partners and certain insurance companies.
31.2 In conjunction with your access or use of the Services, you may be subject to additional terms, rules, policies, and conditions that are posted on the Website or the Application, including, but not limited to, any terms and conditions for our referral or rewards programs and the terms of your Beem Agreement (the “Additional Terms”), which are hereby incorporated by reference into these Terms. In the event of a conflict between any Additional Terms and these Terms, these Terms will control, except with respect to the Beem Agreement, which shall control.
32. CONTACTING US
If you have questions regarding the Agreement or the practices of Beem, please contact us by email at [email protected]